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(영문) 서울고등법원 2018.2.2. 2017루1496 결정

소송비용액확정

Cases

2017lu1496 Determination of the costs of lawsuit

Applicant-Appellants

Jeju 4.3 Incident Truth and Restoration of Honor of Victims

Respondent appellant

1. A;

2. B

3. C.

4. D;

5. E.

6. F;

7. G.

8. H;

9. I

10. J.

11. K;

12. L.

13. M.

The first instance decision

Seoul Administrative Court Order 2017A212 dated November 2, 2017

Date of decision

February 2, 2018

Text

The appeal of this case is dismissed.

Purport of request and purport of appeal

1. Purport of request;

The Seoul Administrative Court Decision 2014Guhap7473, Seoul High Court 2015Nu67245, and Supreme Court Decision 2016Du45806 Decided April 3, 208 that the respondent has to pay to the applicant the amount of the litigation cost that the respondent has to pay to the applicant in relation to the claim for nullification of the decision of victims.

2. Purport of appeal;

The decision of the first instance shall be revoked, and an appropriate trial shall be sought again.

Reasons

1. The record reveals that the judicial assistant officer of the Seoul Administrative Court decided on November 2, 2017 between the applicant and the respondent that the respondent is KRW 1,004,037,00,000 each of the costs of lawsuit that the respondent shall reimburse according to the judgment of the claim for confirmation of invalidity of the victim's decision in the Seoul Administrative Court 2014Guhap7473, Seoul High Court 2015Du47245, and Supreme Court 2016Du45806, Apr. 3, 2016. The respondent filed an appeal on November 23, 2017, and the court of the first instance decided to authorize the disposition of the above judicial assistant on December 11, 2017.

2. Examining all materials submitted by the applicant closely, the court of first instance has no evidence to acknowledge that the court’s decision was unlawful, unlike just grounds.

3. Therefore, the appeal of this case is dismissed on the ground that it is without merit.

February 2, 2018

Judges

The presiding judge, senior judge

Judges Shin Jin-hee

Judges Lee Jae-chul